Limitations to the Use of Trademarks in the Broadcasting of Sports Events

THX Medios SA (Infobae) publishes on its digital platform www.infobae.com sports articles with videos, including clips from events La Liga Nacional de Futbol Profesional organizes.

La Liga holds trademark registrations for "LALIGATV" in classes 38 and 41, "LALIGA" in classes 25 and 35, and "LALIGA EXHIBITION" in classes 38 and 41, as well as the commercial rights to the audiovisual content of the Spanish Professional Football Competitions in the first and second divisions. Based on these rights, La Liga sued Infobae requesting it ceases:

1. using its trademarks or any confusingly similar signs,
2. the unauthorized reproduction, fixation, and retransmission of this content online,
3. the public communication of this content,
4. all acts of unfair competition.

The first instance court partially upheld La Liga's claim and ordered Infobae to stop reproducing La Liga's sport videos longer than three minutes. Both parties appealed the decision.

On June 4, 2024, Chamber 2 of the Federal Court of Appeals confirmed the ruling and reaffirmed that trademark protection should not hinder the exercise of freedom of expression. Moreover, the Court concluded that sports information intended for football fans is protected by this right and should not be restricted just because it includes third-party trademarks.

The Court of Appeals concluded that the use of third-party trademarks in the broadcasting of sports events is not a trademark use, as it does not serve the purpose of distinguishing a service. It also does not lead to consumer confusion: Infobae's users clearly understand that they are accessing content from Infobae and not from La Liga. Finally, the Court understood it was not proven that Infobae had gained any undue economic benefit from these publications.

This ruling is relevant since it sets clear limits on the scope of trademark protection in the digital realm.